Pay transparency for remote jobs: which law applies when the role can be done from anywhere
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A remote posting is read by candidates in every state at once, so it is covered by every pay transparency law whose test it meets. Those tests are not the same. Some states look at where the work could be done, some at which office the role reports to, and some at whether the employer has anyone in the state at all. The workable answer for most employers is to post a range that is accurate for every location the role could be filled from, or to post a range per location. This page explains the tests and how to write the posting. State-by-state detail is on the individual state guides.
Not legal advice. The coverage tests below come from the statutes and agency guidance linked from each state guide, and from the provincial and EU sources linked in the text, checked as of October 2026. Several statutes do not address remote work at all. Confirm with counsel for roles where the answer decides whether you post a range.
The three tests states use
| Test | Question it asks | Examples |
|---|---|---|
| Where the work is performed | Could this job be done, even in part, from the state? | Colorado (any role a Colorado-based person could fill), California, Washington (unless tied to a worksite entirely outside the state), Maryland (per its Department of Labor FAQs) |
| Where the role reports | Does the job report to a supervisor, office or worksite in the state, even if performed elsewhere? | New York, Illinois, Connecticut from October 1, 2026, Vermont (remote roles that predominantly work for a Vermont office) |
| Whether the employer is in the state | Does the employer have staff in, or take applications from, the state? | New Jersey (including employers that only take applications from New Jersey), D.C. (an employer with one employee in the District, whose listing duty reads on all listings) |
Several states, including Minnesota, Virginia, Hawaii and Maine, do not say how they apply to remote roles. The state guides explain the conservative reading for each. Headcount tests can also reach further than they look: Washington counts employees nationally once one is in Washington, and Hawaii's 50-employee count is not limited to Hawaii.
New York's statute, Labor Law 194-b, is a good example of the reporting test: it covers a job "that will physically be performed, at least in part, in the state of New York, including" one "performed outside of New York but reports to a supervisor, office, or other work site in New York." A fully remote engineer in Texas whose manager sits in Manhattan is covered.
Outside the US
- British Columbia applies its posting rule to jobs advertised outside BC if the position is open to BC residents and may be filled by someone living in BC, in person or remotely, according to the province's guidance.
- Ontario takes the opposite approach for work outside the province: its rules do not apply to a posting for work performed outside Ontario, or partly outside where that work is not a continuation of work in Ontario.
- The EU directive gives applicants a right to pay information before the interview; the national law of the country where the person will work governs. See the EU Pay Transparency Directive guide and pay transparency in Canada.
Three ways to post a remote role, and the trade-offs
Option 1: one range for everyone
Simplest, and compliant everywhere if the range is what you would actually pay in every location. It works when the company pays the same for the role regardless of location. It fails the good-faith test if you would in fact pay a Colorado or Ohio hire well below the posted floor, because the posting then overstates what that candidate would receive.
Option 2: a range per location or pay zone
The usual choice for employers with geographic pay. List each zone with its range. Colorado's guidance specifically calls for the range that would apply to a Colorado hire, including any Colorado minimum wage floor, rather than a national range that misdescribes Colorado pay, as the Colorado guide explains. Keep zones few and name the places in each, so a candidate can tell which applies to them.
Pay range (example figures, by location of the hire):
Zone A (New York City metro, San Francisco Bay Area, Seattle metro):
$128,000 to $160,000
Zone B (other locations in CA, CO, IL, MA, NJ, WA, D.C.):
$116,000 to $145,000
Zone C (all other US locations):
$104,000 to $130,000
Plus annual bonus target of 10% of base. Benefits: medical, dental,
vision, 401(k) with match, 20 days paid time off.Check each zone's spread against the strictest rule it must meet. New Jersey's Department of Labor has proposed a rule that would treat a spread of more than 60% of the minimum as noncompliant, and Ontario caps posted ranges at $50,000 a year. All three example zones above fit both.
Option 3: exclude certain states
Some employers write "this role is not open to candidates in [state]" to avoid a posting rule. It narrows the talent pool, it does not help if the role reports to an office in a covered state, and it is fragile: one recruiter who makes an exception creates a covered hire from a noncompliant posting. Treat it as a last resort, and get advice before using it.
Edge cases that come up in practice
Hybrid roles with an office in a covered state
A hybrid role that requires two days a week in a Chicago or New York office is performed in part in that state, so it is covered there on any test. The remote-work question only matters for the days at home if the home is in a different covered state, in which case the range must satisfy both.
Candidates who plan to relocate
The posting has to be accurate for the locations it is open to. On the call, give the range for the location where the person will work when they start, and write down which zone you used. If the move is uncertain, give both ranges and say which one depends on the move.
Remote roles posted by an agency
An agency's ad for a client's remote role is still a posting of that role. Washington's statute defines a posting to include recruitment done "indirectly through a third party," and BC's guidance covers third-party postings on job boards. The agency needs the client's location rules and every zone's range before the ad runs; see pay transparency for staffing agencies.
Internal moves into a remote role
Several states, including New York and Connecticut, cover internal promotion and transfer postings as well as external ones. A remote opening advertised only to current employees can still need a range.
What to settle at intake for a remote role
- Where can the hire live? List the states, provinces or countries, not "anywhere."
- Which office and manager will the role report to? That answer triggers New York, Illinois, Connecticut and Vermont even when the person lives elsewhere.
- Does pay vary by location? If yes, get the range for every zone in writing.
- What benefits and other compensation apply? Colorado, Washington, Maryland, Minnesota, New Jersey and Connecticut pair the range with a benefits description.
- Is there an application deadline? Colorado requires the posting to state one, or say there is none.
The intake meeting questions page has the wider question set.
On the screening call
Confirm the candidate's location early and say the range that applies to them, not the whole table. If a candidate plans to move, give the range for where they will work at the start date. When a candidate in a lower zone asks why the same job pays less where they live, say plainly that pay is set by location, give the range for their zone, and note the question for the hiring manager. The remote candidate screening questions cover the rest of a remote screen, and how recruiters answer candidate salary questions has wording for the follow-ups.
Checklist
REMOTE POSTING: PAY TRANSPARENCY CHECKLIST
[ ] Locations the hire may work from are listed
[ ] Reporting office and manager location recorded
[ ] Range is accurate for every listed location, or one range per zone
[ ] Each range has a floor and ceiling; spread checked (NJ proposed
60% rule, Ontario $50,000 cap where relevant)
[ ] Benefits and other compensation described for states that require it
[ ] Application deadline stated, or "no deadline" (Colorado)
[ ] Canadian or EU locations checked against provincial or national law
[ ] Copy of each published version saved with the date
Questions people ask
Do pay transparency laws apply to remote jobs?
Yes, in most states that have them. Coverage generally follows where the work can be performed or which office the role reports to, not where the employer is headquartered. A remote role open to candidates in Colorado, California, Washington or Maryland, for example, needs a compliant range for those candidates.
Can I post one national range for a remote job?
You can if it is the range you would genuinely pay in every covered location. If pay varies by location, Colorado's guidance calls for the range that would apply to a Colorado hire, so many employers list a range per location or per pay zone instead.
Can I say a remote job is not open to applicants in a pay transparency state?
Some employers do, but it does not help if the role would in fact be filled from that state or reports to an office there, and it shrinks the candidate pool. Posting a compliant range is usually simpler than policing where applicants live.
What if a remote employee reports to a manager in New York?
New York's Labor Law 194-b covers a job performed outside New York that reports to a supervisor, office or other work site in New York. Illinois and, from October 1, 2026, Connecticut use a similar reporting test.